Industrial Court of Tanzania Act

Chapter 60

Repealed
This Act was repealed on 2006-12-20 by Employment and Labour Relations Act, 2004.
Citation
Chapter 60
Date
31 July 2002
Language
English
Type
Act
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Tanzania

Industrial Court of Tanzania Act

Chapter 60

  • Published in Tanzania Government Gazette
  • Commenced on 1 December 1967
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
  1. [Repealed by Employment and Labour Relations Act, 2004 (Act 6 of 2004) on 20 December 2006]
[s. 1; Acts Nos. 41 of 1967; 31 of 1970; 18 of 1977; 25 of 1982; 3 of 1990; 20 of 1991; 2 of 1993; 14 of 1999; 2 of 2000]An Act to establish an Industrial Court of Tanzania and to make provision for the settlement of trade disputes by negotiation, conciliation and reference to the Industrial Court, and to provide for related matters.

Part I – Preliminary provisions (ss. 1-3)

1. Short title

This Act may be cited as the Industrial Court of Tanzania Act.

2. Application

(1)Nothing in this Act, other than the Third Schedule, shall apply—
(a)to employment or service by or under the Government or in relation to any office or appointment in the employment or service of the Government; or
(b)to employment or service in the Public Service or to any office or appointment in the employment or service of an employing authority.

3. Interpretation

In this Act, unless the context otherwise requires—"award" means an award made by the Court and includes a negotiated agreement or a voluntary agreement which is registered by the Court as an award;"Chairman" means the Chairman of the Court appointed under section 17;"Court" means the Industrial Court of Tanzania established by section 16;"employee" means any person who has entered into or works under a contract of service with an employer whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied or is oral or in writing;"employer" means any person, or any firm, corporation or company, public authority or body of persons who or which has entered into a contract of service to employ any person and includes any officer of such person, firm, corporation, company, authority or body who is placed in authority over all other persons employed by such person, firm, corporation, company, authority or body;"lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him, done in consequence of a trade dispute, not with the intention of finally determining employment, but with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;"Minister" means the Minister responsible for labour matters;"Registrar" means the Registrar of the Court;"strike" means the cessation of work by a body of persons employed acting in combination, or a concerted refusal under a common understanding of any number of persons employed to continue to work for an employer, or a concerted interruption of work or performance of work on a go-slow basis by any number of employees, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment;"trade dispute" means any dispute between an employer and employees or an employee in the employment of that employer connected with the employment or non-employment or the terms of the employment, or with the conditions of labour of any of those employees or such an employee;"union" means a trade union formed or established in accordance with section 2 of the Trade Unions Act1;1Cap. 244"wages" means remuneration and other benefits payable or accruing to an employee for services rendered under a contract of service;"Zonal Labour Officer" means the Regional Labour Officer for the region in which there is established a zonal centre of the Court.

Part II – Procedure for settlement of disputes (ss. 4-10)

4. Reporting of disputes

(1)Any trade dispute, whether existing or apprehended, may be reported by or on behalf of employers or employees.
(2)Subject to subsection (1), a member of a trade union shall first report a trade dispute to the union branch at the place of work within seven days of its occurrence and the union branch shall within fourteen days report the trade dispute to the Labour Officer.
(3)Where there is no union branch, the trade dispute shall be reported within fourteen days to the District Secretary of the registered trade union or if he is not a member of a trade union or he is the employer, to the District Labour Officer.
(4)Where under this section a dispute is referred to the union branch or District Secretary of a registered trade union or District Labour Officer, as the case may be, the District Labour Officer or any Labour Officer appointed by the Labour Commissioner shall, within twenty-one days from the date the dispute is reported to him, use his best endeavour to conciliate the parties to the dispute and effect a settlement of the dispute, and may for that purpose make use of any machinery for the settlement of the trade dispute which may exist in the trade or industry or branch thereof in which the dispute has arisen.
(5)Any settlement effected as provided for in subsection (4) shall be recorded in writing and on being endorsed by the Labour Commissioner shall be known, and referred to in this Act, as a negotiated agreement.
(6)The Minister may by order published in the Gazette prescribe forms to be used for the purposes of reporting trade disputes.

5. Submission of agreements to the Labour Commissioner

(1)The District Labour Officer shall submit every negotiated agreement to the Labour Commissioner.
(2)On receipt of a negotiated agreement effected under the provisions of section 4, the Labour Commissioner shall transmit the negotiated agreement and the report or any comments which he may wish to make thereon to the Court and the Court shall proceed to consider the same in accordance with the provisions of section 24 of this Act.
(3)A negotiated agreement shall not be operative or binding upon parties unless it is duly registered by the Court under section 24 of this Act.

6. Further reference to the Labour Commissioner

(1)Where a Labour Officer is unable to effect a settlement of the trade dispute, he shall report in writing to the Labour Commissioner within twenty-one days of receiving the dispute.
(2)On receipt of a report, the Labour Commissioner or any Labour Officer authorised by him in that behalf shall, within twenty-one days from the date the dispute is duly reported to him, transmit the dispute and any comments which he may wish to make thereon to the Court.
(3)Where a trade dispute has been referred to the Court under the provisions of subsection (2) of this section, the Court shall proceed to consider the dispute and make an award thereon in accordance with the provisions of Part V.

7. Evidence of existence of trade dispute

In any proceeding under, or for an offence against this Act, a certificate purporting to be under the hand of the Labour Commissioner or the District Labour Officer as to whether a trade dispute has been reported to him or not, or whether a trade dispute has been reported to the Court, shall be admissible without further proof as evidence of the facts stated therein.

8. Inquiry into trade dispute and industrial conditions

The Labour Commissioner may, where any trade dispute exists or is apprehended, whether or not the trade dispute is referred to him under the provision of this Act—
(a)inquire into the cause and circumstances of the dispute and refer to the Court any matter appearing to him to be connected with or relevant to the dispute;
(b)refer to the Court for advice on any matter relating to or arising out of any trade dispute which in his opinion ought to be so referred;
(c)refer to the Court any matter connected with the economic or industrial condition and affecting labour conditions, terms of service or any other aspect of relations between employers and employees or relating to wage policy,
and the Court shall inquire into the matter referred to it and make an award or advise the Labour Commissioner accordingly.

9. Reference to other bodies

Without prejudice to other provisions of any law where a dispute relates to a matter in connection with which a minimum wage board or a wage council or any other body for the inquiry into or regulation of wages or terms of employment has been appointed under the provisions of the Regulation of Wages and Terms of Employment Act2 or any other law for the time being in force, such dispute shall be referred to such minimum wage board, wages council or other body.2Cap. 300

10. Parties to a trade dispute

Without prejudice to the provisions of this Act, a trade dispute may be between an employee and an employer:
Provided that no employee shall institute a trade dispute under this Act without a certificate of a Labour Officer that he is employed in the management of the business of his employer.

Part III – Lock-outs and strikes (ss. 11-15)

11. Lock-outs and strikes in conformity with this Act

(1)An employer may take part in a lock-out and an employee may take part in a strike if the prescribed time elapses since the date—
(a)the dispute is reported to the union branch, local District Secretary or local District Labour Officer, as the case may be; and there has been attempt to effect a settlement to the dispute and neither has the dispute been reported or referred to the Labour Officer; or
(b)the dispute is reported to the Labour Officer and he has not referred it to the Labour Commissioner; or
(c)the matter is reported to the Labour Commissioner and he has not referred the matter to the Court; or
(d)the Court made an award thereon but no step is taken within fourteen days to comply with the Court's award, and that the Court has not taken action to accept the award;
(2)Notwithstanding the provisions of paragraph (c) of subsection (1), an employee shall not take part in a strike unless there is held a secret ballot under supervision of the Labour Officer and two thirds or more of all employees involved in the dispute vote for a strike.

12. Prohibition against taking part in lock-ins, lock-outs and strikes, etc.

Nothing in this Act shall authorise—
(a)employees to take part in any act of locking in or locking out, their employers; or
(b)the striking of the employees and the taking part in a lock-out by employers in any employment or services in the Third Schedule rendered to the Government or any other person, the interruption or continued interruption of which would endanger the life, health or personal safety of the whole or part of the population; or
(c)any person to procure or incite another person to take part in a lock-out or strike; or
(d)the striking or taking part in lock-outs contrary to the procedure under this Act.
[s. 11A]

13. Offences and penalties for contravention of Parts II or III of the Act

Any person who contravenes the provisions of Part II or III of this Act commits an offence and upon conviction is liable to a fine not less than fifty thousand shillings but not more than one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.[s. 12]

14. Powers of arrest

Any police officer may arrest without a warrant any person whom he reasonably suspects of having committed an offence against section 12.[s. 13]

15. Sanction of Director of Public Prosecutions

No prosecution for a contravention of section 12 shall be instituted save by, or with the consent of, the Director of Public Prosecutions.
[s. 14]

Part IV – The Industrial Court of Tanzania (ss. 16-22)

16. Establishment and jurisdiction of the Court

(1)There is hereby established an industrial court to be known as the Industrial Court of Tanzania which shall, subject to this Act, have jurisdiction in respect of matters specified in subsection (2).
(2)The Court shall have jurisdiction—
(a)to hear and determine any trade dispute referred to it under the provisions of this Act;
(b)to register negotiated agreements and voluntary agreements, and to hear and determine matters relating to the registration of such agreements;
(c)to inquire into any matter referred to it under this Act and to report to the Minister on such matters;
(d)to advise the Labour Commissioner on any matter referred to it by him under section 8; and
(e)to exercise such other functions and powers as are conferred upon it by this Act or as may be conferred upon it by any other written law.
[s. 15]

17. Constitution of the Court

(1)The Court shall consist of—
(a)the Chairman of the Court, who shall be appointed by the President, upon advice by the Minister and after consultation with the Chief Justice, from amongst the Judges of the High Court; and
(b)such number of Deputy Chairmen as the President may approve, each of whom shall be appointed by the President.
(2)Subject to this Act, the Chairman and each Deputy Chairman shall each, unless he sooner dies, resigns, vacates office or is removed from office by the President, hold office for a term of three years and shall be eligible for reappointment.
(3)A Deputy Chairman shall, in addition to exercising the jurisdiction of the Court pursuant to this Act, exercise such functions as the Chairman may direct.
[s. 16]

18. Zonal centres of the Court

(1)The Court may establish such zonal centres of the Court as it may determine, and each such zonal centre shall discharge such of the functions of the Court as may, from time to time, be determined by the Court.
[s. 17]

19. Registrar and other staff of the Court

(1)There shall be a Registrar of the Court who shall be appointed by the Minister upon advice by the Chairman, and he shall be the chief executive officer of the Court answerable to the Chairman, subject to this Act and to any other written law in that behalf providing.
(2)There shall be such other staff of the Court in such number and holding such offices as the Court may determine as being necessary or desirable to assist the Registrar in the proper and effective discharge of the business and affairs of the Court.
(3)The office of Registrar and those of the other staff of the Court shall be offices in the service of the United Republic.
[s. 18]

20. Sittings of the Court

(1)The Court may sit on such occasions and at such places as the business of the Court may demand or as the Chairman may from time to time determine.
(2)Each party shall, in their respective pleadings indicate to the Court if he desires that assessors be employed in the hearing and determination of the case in question, and where both or either of them so desires, or the Court on its motion so directs, then the Court shall be properly constituted when presided over by the Chairman or as the case may be the Deputy Chairman, sitting with two assessors selected by him from a list of assessors appointed by the Minister pursuant to section 21(1).
(3)Where none of the parties indicates to the court as required under subsection (2), and neither does the court direct to have assessors employed in the determination of the case, the court shall be properly constituted when presided over by either the Chairman or a Deputy Chairman as the case may be.[ss. (2A)]
(4)Where the Court is holding a preliminary or interlocutory proceeding, it shall be properly constituted when presided over by the Chairman or the Deputy Chairman.[ss. (2B)]
(5)Notwithstanding subsection (2), if in the course of any proceedings before the Court one or both of the assessors who were present at the commencement of the proceedings is or are for any reason absent, the Chairman, or the Deputy Chairman, and the remaining assessor, if any, may continue and conclude the proceedings notwithstanding the absence.[ss. (3)]
(6)At the conclusion of the proceedings before the Court, the Chairman or the Deputy Chairman shall seek and record the opinion of the assessors present at such conclusion.[ss. (4)]
(7)The Chairman or the Deputy Chairman, as the case may be, shall not be bound by the opinions of the assessors but if he disagrees with the opinion of any of them he shall record the opinion of that assessor and the reasons for his disagreement.[ss. (5)]
(8)No proceedings shall be invalid by reason only of an irregularity in the selection of any assessor.[ss. (6)]
[s. 19]

21. Selection of assessors and official members

(1)The Minister shall, in respect of the Court and every zonal centre of the Court, appoint a panel consisting of fifteen persons from amongst the names of persons recommended to him by the Union, the Association of Tanzania Employers or any other body of persons which in the opinion of the Minister represents the interest of employers, or from amongst members of the Union or of the Association or such other body.
(2)The panel of assessors appointed by the Minister in respect of the Court and every zonal centre of the Court shall be reviewed by him after twelve months and either new persons be appointed or the persons already appointed be reappointed or appoint some new persons and reappoint some of the incumbent assessors.
(3)For the purposes of constituting the Court in respect of proceedings in relation to any dispute or matter, the Chairman or, as the case may be, the Deputy Chairman concerned shall select two persons from the panel appointed in respect of the Court centre concerned to sit with him as assessors for the purposes of those proceedings.
(4)The Minister may by order published in the Gazette, appoint such number of members of the Court as he may deem fit and may, by the same or subsequent order published in the Gazette, direct that the jurisdiction of the Court shall, for the purposes of determining such matters or such category of matters as may be specified in the order, be exercised by the Chairman or, as the case may be the Deputy Chairman, sitting with two of such members, to be known as official members in addition, where applicable, to assessors.
(5)Where the Minister makes an order under subsection (4), the Chairman or the Deputy Chairman, as the case may be, shall, in proceedings relating to the matter to which the Order relates, sit with any of two of the official members appointed by the Minister in addition to the assessors, and every such proceedings shall be determined in accordance with the opinion of the majority of all members of the Court including the Chairman or the Deputy Chairman.
[s. 20]

22. Terms of appointment of Chairman, etc.

(1)The Chairman and every Deputy Chairman shall each be appointed on such terms as the President determines or as may be specified in the instrument of his appointment.
(2)The staff of the Court shall be appointed on such terms and conditions as are applicable to other persons serving in the public service of the United Republic in corresponding offices.
(3)The assessors and official members sitting with the Chairman or the Deputy Chairman in any proceedings of the Court shall be paid a sitting allowance of such amount as may be determined by the Minister from time to time, taking into account the prevailing economic and other circumstances.
[s. 21]

Part V – Proceedings before the Court (ss. 23-35)

23. Duties and powers of Court

Where any trade dispute or other matter is referred to the Court, the Court shall proceed to inquire into such dispute or matter without undue delay and—
(a)shall hear, receive and consider any submissions, arguments or evidence made, presented or tendered—
(i)by or on behalf of the employees concerned;
(ii)by or on behalf of the trade union of which such employees may be members;
(iii)by or on behalf of the employer concerned; and
(iv)by or on behalf of any body of persons which, in the opinion of the Court, represents the interests of the employers in Tanzania and of which the employer concerned is a member;
(b)may seek advice, in such manner as it may think appropriate, on the Government's financial and economic policies from any public officer or public department;
(c)may seek advice, in such manner as it may think appropriate, on any financial or economic matters from any body corporate established by or under any written law which may, in the opinion of the Court, be able to give such advice;
(d)may consult, in such manner as it may think appropriate, any institution or organisation based in the United Republic and carrying out research on any aspect of the economy of the United Republic;
(e)shall, in making any award, report or decision or in giving any advice, have regard, insofar as the same may be relevant, to—
(i)the need to maintain a high level of domestic capital accumulation with a view to increasing the rate of economic growth and to providing greater employment opportunities;
(ii)the need to maintain and expand the level of employment;
(iii)the need to develop payment-by-result schemes, or other wage incentive structures, which will induce an employee to make greater effort and relate increases in remuneration to improvements in labour productivity;
(iv)the need to prevent gains in the wages of employees from being affected adversely by unnecessary and unjustified price increases;
(v)the need to preserve and promote the competitive position of local products in the domestic market as well as in overseas markets;
(vi)the need to establish and maintain reasonable differentials in rewards between different categories of skills and levels of responsibility;
(vii)the need for the United Republic to maintain a favourable balance of trade and balance of payments;
(viii)the need to ensure the continued ability of Government to finance development programmes and recurrent expenditure in the public sector;
(ix)the need to maintain a fair relation between the incomes of different sectors of the community; and
(x)such other factors as the President may specify in directives which he may, from time to time, issue to the Chairman.
[s. 22]

24. Registration of negotiated agreements

(1)Where a negotiated agreement is submitted to the Court under section 5, the Court shall examine such agreement, the report of the Labour Commissioner accompanying the agreement and any comments which the Minister may have made relating to the agreement, and shall proceed to decide whether or not to register the agreement.
(2)The provisions of section 23 shall apply to proceedings relating to registration of a negotiated agreement.
(3)The Court may, where a negotiated agreement is submitted to it—
(a)register the agreement as an award without any modification;
(b)register the agreement as an award after making such modifications thereto as the parties to the agreement may consent to; or
(c)refuse to register the agreement.
(4)Where a negotiated agreement is registered whether with or without any modification, the agreement so registered shall be deemed to be an award.
(5)Where the Court refuses to register any negotiated agreement, the Minister shall refer the matter back to the conciliator for further negotiations with the parties concerned and, notwithstanding the negotiated agreement, the dispute between the parties shall be deemed to have revived and the reference back to the conciliator shall be deemed to be a reference to a conciliator under subsection (2) of section 4.
[s. 23]

25. Awards may be retrospective

Any award may be made to have retrospective effect to any date which is not—
(a)in the case of a voluntary of agreement, earlier than the date agreed upon by the parties; and
(b)in the case of an award made by the Court, earlier than the earliest of the dates covered by the facts from which the trade dispute arose.
[s. 24]

26. Publication of awards and date when awards take effect

(1)Every award shall be published in the Gazette.
(2)Every award shall take effect on the date on which it is specified in the award that it shall take effect.
[s. 25]

27. Interpretation of awards, etc.

(1)If any question arises as to the interpretation of any award of the Court, the Minister or the Labour Commissioner or any party to the award may apply to the Court for a decision on such question, and the Court shall decide the matter after hearing the parties, or without such hearing, as it thinks fit; and the decision of the Court shall be notified to the parties and shall be deemed to form part of and shall have the same effect in all respects as the award.
(2)If any question arises as to the interpretation of any negotiated agreement prior to its registration, the provisions of subsection (1) shall apply thereto in every respect except that the conciliator shall perform the functions assigned by that subsection to the Court.
[s. 26]

28. Powers of revision and finality of decision and awards of the Court

(1)The Court shall have power, in any proceeding determined before it, on application being made in that behalf by any party or of its own motion, if it appears that there has been an error material to the merits of the dispute involving injustice, revise the proceedings and make such decision or award in the matter as it sees fit; save that no decision or award shall be made by the Court in exercise of its jurisdiction under this subsection, increasing the liability of any party or altering the rights or any party to his detriment, unless such party shall have first been given an opportunity of being heard.
(2)The Court shall, when exercising jurisdiction under subsection (1) be properly constituted if it is presided over by the Chairman sitting with two Deputy Chairmen and two assessors, all different from those who sat on the Court when it first heard the dispute.[ss. (1A)]
(3)The Chief Justice shall, after consultation with the Chairman, make rules to be published in the Gazette, which shall be complied with by all persons in dealing with revisions of the decisions and awards of the Court.[ss. (1B)]
(4)Subject to the provisions of this section, every award and decision of the Court shall be final and not liable to be challenged, reviewed, questioned or called in question in any court save on the grounds of lack of jurisdiction in which case the matter shall be heard and determined by a full bench of the High Court.[ss. (1C)]
(5)Every award shall be binding on the employers and employees to whom it relates and, as from the date when it takes effect, it shall be an implied term of the contract between the employers and employees to whom the award relates that the rate of wages to be paid and the conditions of employment to be observed under the contract shall be in accordance with that award until it is varied by a subsequent award or by agreement.[ss. (2)]
(6)For the avoidance of doubt, every award shall be binding on the employers and employees to whom it relates, and may be enforced in any civil court of competent jurisdiction as if it were a decree of that court, notwithstanding that it has not yet been published in the Gazette, or that any of the parties has a right, or intends to file an action in any court on the grounds referred to in subsection (1).[ss. (3)]
(7)Except for instance where the Court exercises its revisional jurisdiction in respect of an award or decision, no application to vary any award in any other manner shall except with the permission in writing of the Minister, be made within twelve months of the date on which the award takes effect, and no trade dispute in connection with the terms of any award shall, within that period, be reported to the Labour Commissioner under section 4; and, for the avoidance of doubt, every award shall be binding on the employers and employees to whom it relates and may be enforced by the Court itself exercising the powers conferred by the provisions of Order XXI of the Civil Procedure Code3, or in any other civil court of competent jurisdiction as if it were a decree of that court, notwithstanding that it has not yet been published in the Gazette, or that any of the parties has a right or is intending to file an action in any court on the grounds referred to in subsection (1) or (4) of this section.3Cap. 33[ss. (4)]
[s. 27]

29. Regulation of proceedings

Save as is otherwise expressly provided in this Act, or in rules made hereunder, a conciliator or the Court, as the case may be, may regulate the procedure in any proceedings under this Act as he or it shall think fit.[s. 28]

30. Evidence

(1)A conciliator or the Court, for the purpose of dealing with any matter referred to him or it under this Act, shall be entitled to elicit all such information as in the circumstances may be considered necessary, without being bound by the rules of evidence in civil or criminal proceedings, and may by order require any person—
(a)to furnish, in writing or otherwise, such particulars in relation to any matter as may be required; or
(b)to attend before the conciliator or the Court and give evidence on oath or otherwise; or
(c)to produce any document:
Provided that if any witness refuses to furnish any particulars or to answer any question or to produce any document on the ground that it will tend to incriminate him or on any other lawful ground, he shall not be required to furnish such particulars or to answer such question or to produce such document, nor shall he be liable to any penalty for refusing so to do.
(2)Any person who, without such lawful excuse as aforesaid, fails to obey an order given under the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings.
[s. 29]

31. Right of parties to assistance by advocate and appearance by parties

(1)Any person appearing before the Court in any proceeding under this Act may of right appear or be assisted by an advocate the provisions of any of the High Court subject always to the rules of court made by the High Court under powers conferred by the Advocates Act4.4Cap. 341
(2)If at the time appointed for hearing of a trade dispute or matter by the Court and any of the parties refuses or fails to appear, the Court—
(a)if the party absent is the complainant and is so absent for reasons which appear to the Court to be unreasonable or not good, shall dismiss the application or dispute, as the case may be; or
(b)if the party absent is the person representing the employer or management, may proceed to hear and determine the dispute or matter ex parte.
[s. 30]

32. Protection of members of the Court

(1)Save as is expressly provided by this Act, no act or thing done or omitted to be done by a member of the Court shall, if the act or omission was done or omitted bona fide in the exercise of his functions under this Act, render such member of the Court criminally liable for that act or or omission nor shall any civil liability attach to any member of the Court as a result of the act or omission.
(2)For the purposes of this section, the expression "member of the Court" means the Chairman, a Deputy Chairman, an assessor or an official member exercising functions under this Act.
[s. 30A]

33. Sittings may be public or private

It shall be in the discretion of a conciliator or the Court, as the case may be, to admit or exclude the public or representatives of the press from any proceedings under this Act.[s. 31]

34. Publication of proceedings

(1)Where representatives of the press are allowed to be present at any proceedings under this Act, and not otherwise, a fair and accurate report or summary of the proceedings including the evidence adduced thereat may be published:Provided that until the award or the result of the inquiry has been published by the order of the Minister or of the Court, no comments shall be published in respect of the proceedings or any evidence adduced thereat:And provided further that the terms of any award or negotiated agreement or the result of any inquiry shall not be published until the award or the negotiated agreement or the result of the inquiry or the decision of the Court has been published by the order of the Minister or of the Court.
(2)Any person who, before an award or negotiated agreement or the result of an inquiry or the decision of the Court has been published by the order of the Minister or of the Court, publishes—
(a)the terms of the award or negotiated agreement or the result of the inquiry; or
(b)any comment on the proceedings or any evidence adduced threat,
shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand shillings.
[s. 32]

35. Report by Court

(1)So soon as may be after the thirtieth of June in every year, the Minister shall cause to be prepared and laid before the National Assembly a report of the Court's operations and activities during the twelve months preceding the first day of July in such year.
(2)The Chairman shall cause to be prepared and submitted to the Minister a report of the Court's operations and activities at such intervals as the Minister may direct.
[s. 33]

Part VI – Special provisions relating to employees of east african community and corporations (ss. 36-39)

36. ***

[Omitted.][ss. 34]

37. ***

[Omitted.][ss. 35]

38. ***

[Omitted.][ss. 36]

39. ***

[Omitted.][ss. 37]

Part VII – Miscellaneous provisions (ss. 40-51)

40. Non-application of Arbitration Act

The Arbitration Act5 shall not apply to any proceedings or award under this Act.5Cap. 15[s. 38]

41. Voluntary agreements to be registered

(1)Notwithstanding any provision to the contrary in any written law where any agreement is reached between any trade union and any employer respecting the wages or terms of service of the employees or any group of employees employed by the employer, such agreement (in this Act referred to as a "voluntary agreement") shall be recorded in writing by the parties thereto and submitted to the Zonal Labour Officer.
(2)Where a voluntary agreement is made subject to subsection (1) in respect of a specified public corporation or any other corporation as the Minister may by order published in the Gazette determine, the Labour Commissioner shall submit the voluntary agreement to the Treasury Registrar together with the report setting forth the particulars as per subsection (4).
(3)The Treasury Registrar shall, within 45 days from the date of receiving a voluntary agreement together with the report from the Labour Commissioner—
(a)approve the voluntary agreement and submit the same to the Minister for registration to the Industrial Court; or
(b)disapprove the voluntary agreement and return the same to the Labour Commissioner together with the detailed reasons for his disapproval of the agreement.
(4)On receipt of a voluntary agreement, the Zonal Labour Officer shall submit it to the Labour Commissioner, who shall submit the same to the Minister together with a report setting forth the following particulars—
(a)the rate of wages payable prior to the agreement;
(b)the date of the last revision of wages;
(c)the increase in labour costs in the event of the agreement being enforced;
(d)the expected increase in labour productivity in the trade or industry effected by the agreement;
(e)whether any redundancy in such trade or industry is likely to ensue;
(f)the effect of the agreement on the price of the product concerned;
(g)whether the agreement, if enforced, is likely to affect any plan for expansion in the trade or industry concerned.
[ss. (2)]
(5)The Minister shall transmit the voluntary agreement, the Labour Commissioner's report and any comments which he may wish to make thereon to the Court.[ss. (3)]
(6)No voluntary agreement shall be operative or be binding on the parties thereto unless it is registered by the Court:Provided that where the Court does not register a voluntary agreement within three months, the employer and the employee may commence implementing the voluntary agreement.[ss. (4)]
(7)Where a voluntary agreement is submitted to the Court, the Court shall examine such agreement, the Labour Commissioner's report and any comments which the Minister may have made thereon and shall proceed to decide whether or not to register the agreement.[ss. (5)]
(8)The provisions of section 23 shall apply to proceedings relating to registration of a voluntary agreement.[ss. (6)]
(9)The Court may, where a voluntary agreement is submitted to it—
(a)register the agreement as an award without any modification;
(b)register the agreement as an award after making such modifications thereto as the parties to the agreement may consent to;
(c)refuse to register the agreement.
[ss. (7)]
(10)Where a voluntary agreement is registered, whether with or without any modification, the agreement so registered shall be deemed to be an award and shall take effect from the date on which it is specified in the award that it shall take effect.[ss. (8)]
[s. 39]
(11)[Omitted.]

42. Production targets and incentive schemes

Every employer shall, after consultation with the union branch established in respect of his business, set production targets, and establish and maintain a system of incentive schemes, which he shall cause to be registered by the Court.[s. 39A]

43. Power to constitute negotiating councils

(1)The Minister may establish a negotiating council in respect of any production sector after consultation with the Secretary General of the Organisation of Tanzania Trade Unions, the Workers' Councils in the production sector concerned, the Tanzania Association of Parastatal Organisations and the Association of Tanzania Employers.
(2)Each negotiating council established pursuant to subsection (1) shall consist of such persons and in such number as the Minister may in each case determine, and shall be published in the Gazette.
(3)The functions of a negotiating council established under this section shall be—
(a)to discuss with and make recommendations to employers in the sector concerned regarding the best ways of rewarding labour in that sector;
(b)to advise employers in the sector concerned on the ways of securing efficiency and increasing productivity in that sector;
(c)to assist employers and union branches in the production sector concerned in the preparation of voluntary agreements and the setting up of production targets and incentive schemes.
[s. 39B]

44. Extension of awards

(1)Where the Minister is of the opinion that it is desirable extend any award effected under the provisions of this Act in respect of an undertaking of any trade or industry to any other undertaking of that trade or industry, he may submit a proposal for such extension to the Court.
(2)Where a proposal is submitted to the Court under subsection (1), the Court shall proceed to consider the same in accordance with provisions of Part V and may, if it is satisfied that the proposed extension is desirable, make an order extending the award in such manner as it may direct.
(3)An order made by the Court under subsection (2) may be retrospective.
(4)When an award is extended to any undertaking of any trade or industry the award shall, subject to the provisions of subsection (5), have effect within that undertaking as if it had been effected in and in relation to that undertaking.
(5)The provisions of section 26 shall apply, mutatis mutandis, to an order made under subsection (2).
[s. 40]

45. Offences by employer

(1)Any employer who—
(a)on a request made therefor by an officer of a Union or by the Labour Commissioner or by a Labour Officer, refuses, or fails within a reasonable time, to furnish the person making the request with any information necessary for negotiating an agreement respecting the wages and terms and conditions of employment of the employees employed by the employer;
(b)does or omits to do any act or thing and it is proved to the satisfaction of the Court that—
(i)the act or thing done or omitted to be done, was done or, as the case may be, omitted to be done with the intention to annoy the employees employed by the employer or to provoke such employees to go on strike; or
(ii)the act or thing done or omitted to be done was done or, as the case may be, omitted to be done in circumstances in which such act or omission might reasonably be expected to annoy the employees employed by the employer or to provoke such employees to go on strike,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment not exceeding a term of six months or to both such fine and imprisonment.
(2)No proceedings for an offence under this section shall be instituted save by, or with the consent of, the Director of Public Prosecutions.
[s. 40A]

46. Contempt of the Court

(1)Any person who—
(a)wilfully disobeys any lawful order, process or requirement issued by the Court;
(b)publishes any proceedings or report of the Court or any part of it contrary to an order of the Court prohibiting publication;
(c)within the premises in which any proceeding of the Court is being held or taken, or within the precincts of those premises, shows disrespect, in speech or manner, to or with reference to that proceeding;
(d)discloses or publishes a report of the evidence taken or deliberations of the Court held in camera or directed to be withheld from publication;
(e)within the premises in which any proceeding of the Court is being held or taken, and in the face of the Court, conducts himself, in speech or manner, so as to be likely to threaten any witness or to disrupt the proceedings of the Court;
(f)with a view to preventing the giving of evidence or production of any thing before the Court, does any act intended or likely to intimidate a person summoned from giving the evidence or producing the thing;
(g)with a view to punishing or victimising a person, does any act to him after that person has given evidence or produced any thing before the Court, which injures or is likely to injure that person or his property;
(h)publishes anything in any manner which scandalizes or is intended or likely to scandalise the Court;
(i)wilfully publishes or does any thing which is intended or tends to prejudice the fair hearing and determination of any trade dispute or matter before the Court,
is guilty of contempt of the Court and shall be liable on conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding ten thousand shillings.
(2)Save as is provided in section 47, all offences of contempt against the Court shall be triable by a district court.
[s. 40B]

47. Summary procedure for contempt of the Court

(1)When any offence under section 46 is committed in the face of the Court, the Court may cause the offender to be detained in custody, and at any time before the rising of the Court on the same day may take cognisance of the offence and sentence the offender to a fine not exceeding one thousand shillings or, in default of payment, to imprisonment for one month.
(2)Without prejudice to section 46, the Court shall have power to punish by fine or imprisonment such contempt of its authority as—
(a)misbehaviour of any kind by any person in its face or so near to it as to obstruct the administration of justice;
(b)misbehaviour of any of the staff of the Court in their official transactions;
(c)disobedience or resistance to its lawful authority.
[s. 40C]

48. Rules and directions

(1)The Minister may make rules—
(a)prescribing the procedure to be followed in any proceedings before a conciliator or the Court;
(b)prescribing such abstracts of this Act and such notices in such language or languages as he may think fit and providing for the publication, display and dissemination of the same by employers and trade unions;
(c)amending, substituting or varying the Third Schedule to this Act; and
(d)generally for the better carrying into effect of the purposes of this Act.
[s. 41]

49. Repeal of R.L. Cap. 280

[Repeals the Trade Disputes (Settlement) Act, transitional provisions and amendment of certain laws.]

50.

[Repeals the Trade Disputes (Settlement) Act, transitional provisions and amendment of certain laws.]

51. Repeal of R.L. Cap. 280

[Repeals the Trade Disputes (Settlement) Act, transitional provisions and amendment of certain laws.]

First and Second Schedules

***

[Omitted]

Third Schedule (Section 12(b))

Essential services

1.Water services.
2.Electricity services.
3.Health, hospital and sanitary services.
4.Fire services.
5.Air traffic control and civil aviation telecommunication.
6.Meteorological services.
7.Transport services necessary for the operation of the foregoing services or any of them.
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History of this document

20 December 2006
31 July 2002 this version
Consolidation
01 December 1967
Commenced

Cited documents 4

Act 2
1. Civil Procedure Code 9309 citations
2. Labour Institutions Act 159 citations
Ordinance 2
1. Advocates Act 305 citations
2. Arbitration Act 293 citations

Documents citing this one 62

Judgment 41
1. Joseph Magombi vs Tanzania National Parks (Civil Appeal 114 of 2016) [2021] TZCA 464 (14 September 2021) 4 citations
2. Phares Partson Matonya vs Registrar, Industrial Court of Tanzaniaand Others (Civil Reference 26 of 2019) [2023] TZCA 160 (29 March 2023) 4 citations
3. Agnes Samwel Mollel & Another vs Tanzania Breweries Ltd (Civil Case 4 of 2008) [2009] TZHC 134 (29 September 2009)
4. Charles Bupamba & Others vs Tanzania Fisheries Corporation & Another (Civil Case 20 of 2004) [2005] TZHC 122 (15 November 2005)
5. Christopher Gasper & Others vs Tanzania Ports Authority (Civil Appeal No. 84 of 2016) [2023] TZCA 56 (24 February 2023)
6. Co-operative Society LTD vs Donati Minde ((DC) Civil Appeal No. 24 of 2005) [2007] TZHC 414 (14 August 2007)
7. Cotex Industries Limited vs Lucas Malunde & 171 Others (Civil Appeal 114 of 2005) [2009] TZHC 22 (13 March 2009)
8. East Africa Cables (TZ) Limited vs Bepha B. Mugasa (Misc. Civil Appeal No. 11 of 2009) [2013] TZCA 263 (27 May 2013)
9. Ecolab East Africa (T) Ltd vs Wilfred Hokororo & 19 Others (Civil Appeal 133 of 2005) [2008] TZHC 61 (5 September 2008)
10. Ecolab East Africa Tanzania Ltd vs Wilfred Hokororo & Others (Civil Appeal 133 of 2005) [2008] TZHC 227 (5 September 2008)
Gazette 13
1. Tanzania Government Gazette dated 1977-09-16 number 37
2. Tanzania Government Gazette dated 1986-06-20 number 25
3. Tanzania Government Gazette dated 1986-06-27 number 26
4. Tanzania Government Gazette dated 1991-05-24 number 21
5. Tanzania Government Gazette dated 1996-03-15 number 11
6. Tanzania Government Gazette dated 2001-02-23 number 8
7. Tanzania Government Gazette dated 2002-01-11 number 2
8. Tanzania Government Gazette dated 2003-01-17 number 3
9. Tanzania Government Gazette dated 2003-03-14 number 11
10. Tanzania Government Gazette dated 2003-08-29 number 35
Act 4
1. Regulation of Wages and Terms of Employment Act 276 citations
2. Security of Employment Act 80 citations
3. Treasury Registrar (Powers and Functions) Act 14 citations
4. National Productivity Council Act
Government Notice 3
1. Industrial Court (Revision of Proceedings) Rules, 1990 2 citations
2. Executive Agencies (Personnel Management) Regulations, 1999 1 citation
3. Industrial Court of Tanzania (Prescribed Forms) Regulations, 1995
Law Reform Report 1
1. The Labour Law

Subsidiary legislation

Title
Date
Industrial Court of Tanzania (Prescribed Forms) Regulations, 1995 Government Notice 330 of 1995 31 July 2002
Industrial Court (Revision of Proceedings) Rules, 1990 Government Notice 268 of 1990 31 July 2002